Shri Rajendra Ravindranath Sargar v. The State Of Maharashtra Through The Secretary, School Education Dept. And ORS.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7813 OF 2015 Shri Sachin Babanrao Deshmukh Aged 34 years, Occu. Service, R/o At & Post Deshmukhwadi, Tal. Atpadi, District Sangli ....Petitioner.
Vs.
The State of Maharashtra Through the Secretary, School Education Department, Mantralaya, Mumbai 400 032.
The Education Officer, (Secondary), Zilla Parishad, Sangli.
Atpadi Education Society, A/P/T Atpadi, District Sangli, Through its Chairman/Secretary.
Shri Bhawani Vidyalaya, Atpadi, Tal. Atpadi, District Sangli, Through its Head Master.
....Respondents.
WITH WRIT PETITION NO. 7815 OF 2015 Mrs. Sarika Dinesh Deshmukh ....Petitioner.
Vs.
The State of Maharashtra & Ors.
....Respondents.
WITH WRIT PETITION NO. 7816 OF 2015 1/5
ssm 2 Mrs. Vanita Sanjay Deshmukh ....Petitioner.
Vs.
The State of Maharashtra & Ors.
....Respondents.
WITH WRIT PETITION NO. 7827 OF 2015 Shri Nanasaheb Bhau Anuse ....Petitioner.
Vs.
The State of Maharashtra & Ors.
....Respondents.
WITH WRIT PETITION NO. 7901 OF 2015 Shri Santosh Mahadev Lengare ....Petitioner.
Vs.
The State of Maharashtra & Ors.
....Respondents.
WITH WRIT PETITION NO. 8111 OF 2015 Shri Anil Madhukar Khobhare ....Petitioner.
Vs.
The State of Maharashtra & Ors.
....Respondents.
WITH WRIT PETITION NO. 8112 OF 2015 Shri Rajendra Ravindranath Sargar ....Petitioner.
Vs.
The State of Maharashtra & Ors.
....Respondents.
WITH WRIT PETITION NO. 8113 OF 2015 Shri Milind Babaso Wale ....Petitioner.
Vs.
The State of Maharashtra & Ors.
....Respondents.
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ssm 3 Mr. N.V. Bandiwadekar a/w Mr. Mandar G. Bagkar and Mr. Saurabh Kurade for the Petitioners in all the Petitioners. Mr. V.N. Sagare, AGP for the Respondent-State. CORAM : ANOOP V. MOHTA AND A.A. SAYED, JJ.
DATE : 9 SEPTEMBER 2015.
ORDER:- Rule in all matters. Rule made returnable forthwith. Heard finally by consent of the parties.
In all these Petitions, the Petitioner has challenged impugned order dated 4 October 2014 issued by Respondent No.2, refusing to grant approval to the transfer of the Petitioner as Assistant Teacher from unaided school to Respondent No.4 aided School of Respondent No.3. It is informed that the Petitioners have been appointed initially by following regular selection process. The learned counsel appearing for the parties conceded the position that the issue is covered various judgments/orders of this Court including Ms. Sandhya Laxman Ghosalkar Vs. The State of Maharashtra (Writ Petition No. 5258 of 2012) and other matters, dated 12 September 2012, and (Dattu S/o Bhima Thorat Vs. The State of Maharashtra & Ors. Writ Petition No. 2960 of 2012 dated 11 October 2012. This Court (Coram:- 3/5
ssm 4 Anoop V. Mohta and A.R. Joshi), by order dated 18 April 2015 in Mrs. Rajabai Baba Shinde Vs. The State of Maharashtra & Ors. Writ Petition No. 3979 of 2015 has passed the order in similarly situated matter of the Respondent No.3 Management. It is also submitted by the learned counsel appearing for the Petitioner that in all other matters, where similar orders are passed, the Government has implemented the same. There is no further challenge to it. The learned AGP conceded to this position that there is no further challenge.
Therefore, taking over all view of the matters, we are inclined to allow all these Petitions in terms of respective prayer clause (b). It is made clear that the order be passed in accordance with law. The parties to act on the basis of the same.
Rule made absolute in all matters, accordingly. There shall be no order as to costs.
(A.A. SAYED, J.) (ANOOP V. MOHTA, J.) 4/5
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